CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Vendiola v. Canada (Minister of Citizenship and Immigration)
IMM-413-02
2003 FCT 655, Heneghan J.
26/5/03
6 pp.
Judicial review of decision by visa officer refusing application for admission into Canada as member of live-in caregiver class--Applicant, citizen of Philippines, applied for employment authorization to enter Canada to work as live-in caregiver--Visa officer refused applicant's application apparently because of lack of experience--Whether visa officer erred in law by incorrectly applying requirements of former Immigration Regulations, 1978--Live-in caregiver program under Immigration Act, former Regulations two-step process--First, applicant had to obtain validated job offer from employer in Canada, then receive employment authorization from visa officer overseas--Second, applicant must meet necessary requirements to be granted landing in Canada after being employed for at least two of three years after arrival in Canada--Visa officer imported requirements of former Regulations, s. 20(3) into assessment of applicant's application--Plain reading of former Regulations not supporting inclusion of experience as ground for refusing employment authorization to person who otherwise meets requirements of s. 20(1.1), definition of "live-in caregiver"-- Refusal letter erroneously referring to former Regulations, s. 20(3)--Visa officer erred in law in assessing applicant's application--Application allowed--Immigration Act, R.S.C., 1985, c. I-2--Immigration Regulations, 1978, SOR/78-172, ss. 2(1) "live-in caregiver" (as enacted by SOR/92-214, s. 1), 20(1.1) (as enacted idem, s. 2; 94-242, s. 5), (3).